What was Tenancy Tribunal case 5516114 about?

The tribunal order states: [The tenant/s] to pay Inspire Property Management Limited As Agent

How much money was awarded in case 5516114?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 5516114?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5516114?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13836936-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5516114 about?

The tribunal order states: [The tenant/s] to pay Inspire Property Management Limited As Agent

How much money was awarded in case 5516114?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 5516114?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5516114?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13836936-Tenancy_Tribunal_Order.pdf.

78 Avanda Avenue, Rolleston, Rolleston 7615 Tenancy Tribunal Case 5516114 — Property damage

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78 Avanda Avenue, Rolleston, Rolleston 7615 Tenancy Tribunal Case 5516114 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5516114 — net $873.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$345.00	Carpet Cleaning
Repairs	$500.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$873.00
Bond	$2,520.00
Total payable by Tenant to Landlord	$873.00

Claims and awards for application 5516114 — net $873.00 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs

Amount: $500.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $873.00

Bond

Landlord $2,520.00

Total payable by Tenant to Landlord

Landlord $873.00

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

[The tenant/s] to pay Inspire Property Management Limited As Agent For Ashutosh And [The landlord/s]/[The landlord/s] $873.00 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,520.00 (BN-17384946) immediately apportioned as follows: Inspire Property Management Limited As Agent For Ashutosh And [The landlord/s]/[The landlord/s]: $873.00 [The tenant/s]: $1,647.00

Reasons

Both parties attended the remote hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for refund of the bond. Agreed compensation
The tenant agreed to reimburse the landlord for the carpet cleaning $322.00 and deodorising $23.00, making a total of $345.00.

Is the tenant responsible for the damage to the premises?

The landlord claimed that during the tenancy the walls in the hallway, the lounge and two bedrooms were damaged by numerous scuff marks, scrapes, indentations and picture hook holes. She provided in evidence copies of the Entry and Exit Inspection reports containing photographic evidence. The amount claimed was supported by an invoice for $885.00.
The tenant accepted that the damage occurred during the tenancy but disputed liability on the basis that, with the exception of a vivid pen mark in the hallway, the damage was caused by the fair wear and tear of her and her three children over a tenancy that lasted just over two years and two months.
The landlord accepted that some of the damage was fair wear and tear but that the majority of the damage was careless damage.
Having considered the photographic evidence closely, the Tribunal is persuaded on the balance of probabilities that some of the damage was fair wear and tear and that some was careless damage for which the tenant is responsible. While the house was occupied by three growing children, the damage that has accrued over a period of just more than two years is more than can be considered fair wear and tear. In particular, the extensive damage to the edges or corners of walls is extensive and unusual.
The Tribunal must also consider betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
The Entry Report shows that the walls were in good repair with no evidence of damage. However, the paintwork was not fresh at the start of the tenancy. It may be original with the house. The landlord could not provide evidence on this point. The landlord is not entitled to have newly painted rooms that are in better condition than they were at the start of the tenancy.
Having considered these factors, it is just to award the landlord a sum of $500.00 in compensation
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5516114 — net $873.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$345.00	Carpet Cleaning
Repairs	$500.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$873.00
Bond	$2,520.00
Total payable by Tenant to Landlord	$873.00

Claims and awards for application 5516114 — net $873.00 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs

Amount: $500.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $873.00

Bond

Landlord $2,520.00

Total payable by Tenant to Landlord

Landlord $873.00

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

[The tenant/s] to pay Inspire Property Management Limited As Agent For Ashutosh And [The landlord/s]/[The landlord/s] $873.00 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,520.00 (BN-17384946) immediately apportioned as follows: Inspire Property Management Limited As Agent For Ashutosh And [The landlord/s]/[The landlord/s]: $873.00 [The tenant/s]: $1,647.00

Reasons

Both parties attended the remote hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for refund of the bond. Agreed compensation
The tenant agreed to reimburse the landlord for the carpet cleaning $322.00 and deodorising $23.00, making a total of $345.00.

Is the tenant responsible for the damage to the premises?

The landlord claimed that during the tenancy the walls in the hallway, the lounge and two bedrooms were damaged by numerous scuff marks, scrapes, indentations and picture hook holes. She provided in evidence copies of the Entry and Exit Inspection reports containing photographic evidence. The amount claimed was supported by an invoice for $885.00.
The tenant accepted that the damage occurred during the tenancy but disputed liability on the basis that, with the exception of a vivid pen mark in the hallway, the damage was caused by the fair wear and tear of her and her three children over a tenancy that lasted just over two years and two months.
The landlord accepted that some of the damage was fair wear and tear but that the majority of the damage was careless damage.
Having considered the photographic evidence closely, the Tribunal is persuaded on the balance of probabilities that some of the damage was fair wear and tear and that some was careless damage for which the tenant is responsible. While the house was occupied by three growing children, the damage that has accrued over a period of just more than two years is more than can be considered fair wear and tear. In particular, the extensive damage to the edges or corners of walls is extensive and unusual.
The Tribunal must also consider betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
The Entry Report shows that the walls were in good repair with no evidence of damage. However, the paintwork was not fresh at the start of the tenancy. It may be original with the house. The landlord could not provide evidence on this point. The landlord is not entitled to have newly painted rooms that are in better condition than they were at the start of the tenancy.
Having considered these factors, it is just to award the landlord a sum of $500.00 in compensation
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5516114 — Property damage at 78 Avanda Avenue, Rolleston, Rolleston 7615

At a glance

Tenancy Tribunal case 5516114 — Property damage at 78 Avanda Avenue, Rolleston, Rolleston 7615

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions